Society Milion Athena, Inc. v. National Bank

Two motions are presented to the court for determination. The first is a motion by the defendants (1) for an order dismissing the amended complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that it does not state facts sufficient to constitute a cause of action as to each and all of the defendants, or, in the alternative, for an order directing the service of a second amended complaint which (a) shall omit causes of action other than those of the individual plaintiffs, in that the action cannot be maintained by the plaintiffs in a representative capacity and that there…